Lipman: Dead trees menace neighbors

Published 1:12 am, Saturday, March 17, 2012

The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: Our neighbors have numerous tall dead trees that certainly will fall with the potential of damaging our garage, fence and maybe even our home if the wind is in the right direction. What rights do we have?

A: Your neighbors need to remove or trim all of the diseased or dead trees that pose an unreasonable risk of harm to your property. Otherwise, they could be held liable for any damages caused to your property by a falling tree.

If your neighbor refuses to remove one or more dangerous trees, and you live in Houston, you can call the Neighborhood Protection Corps by dialing 311. This is a city-run office designed to help with problems like this.

If the city determines that any of your neighbor's trees are dangerous, it will issue a notice to have them removed within 10 days. If your neighbors fail to remove the problematic trees, they can be fined as much as $500, and the city can even remove the trees at your neighbor's expense.

If you live outside Houston, you should check with your local government to see if there are any tree ordinances or similar procedures.

Q: Is there any reason to update a revocable trust set up in 1992? The trustees were my parents, and my father died seven years ago. My mother is 87. The trust assets will pass to my sister and me at her death.

A: Most attorneys recommend that estate planning documents be reviewed every three to five years. In the 20 years since your parents wrote the trust, tax laws have changed significantly, and your parents' financial condition may have changed as well. Therefore, your mother may want to update the trust and her other estate planning documents.

Q: If you have a payable on death agreement with your bank and stockbroker, can you avoid probate on these assets upon your death?

A: Yes, as long as the person named as the beneficiary is alive when you die.